The Pacific Reporter, Volume 120West Publishing Company, 1912 |
From inside the book
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Page 14
... facts necessary to authorize the order , as merits of the case . prescribed by section 862 . [ Ed . Note . - For ... facts stated , such positive state- ment , under oath , was evidence which the jus- tice might consider and accept as ...
... facts necessary to authorize the order , as merits of the case . prescribed by section 862 . [ Ed . Note . - For ... facts stated , such positive state- ment , under oath , was evidence which the jus- tice might consider and accept as ...
Page 15
... facts stated show that the money was due on demand . The de- mand and the refusal are also set forth . From this the legal conclusion follows that it was then due . Legal conclusions need not be , and should not be , averred , either in ...
... facts stated show that the money was due on demand . The de- mand and the refusal are also set forth . From this the legal conclusion follows that it was then due . Legal conclusions need not be , and should not be , averred , either in ...
Page 25
... fact of the furnishing thereof , even though the circumstances of such furnishing may be sufficient to warrant an ... facts of this case such intent in the absence of evidence es- it makes a presumption " run backwards . " tablishing ...
... fact of the furnishing thereof , even though the circumstances of such furnishing may be sufficient to warrant an ... facts of this case such intent in the absence of evidence es- it makes a presumption " run backwards . " tablishing ...
Page 73
... fact that the improve- ment is a benefit to the Washington Water Power Company , in that it enabled it to make its ... facts because of the insuf- ficiency of the exceptions . The court made four findings of fact , separately numbered ...
... fact that the improve- ment is a benefit to the Washington Water Power Company , in that it enabled it to make its ... facts because of the insuf- ficiency of the exceptions . The court made four findings of fact , separately numbered ...
Page 94
... facts . Whether to have been passed upon by the court . an action for fraud or any other sort of Bedtely on was called as a witness by ap- action would lie under these facts is imma- pellants after these motions were made , in terial ...
... facts . Whether to have been passed upon by the court . an action for fraud or any other sort of Bedtely on was called as a witness by ap- action would lie under these facts is imma- pellants after these motions were made , in terial ...
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Common terms and phrases
affidavit affirmed alleged amended amount Appeal and Error appellant appellee application appointment assignment attorney authority Bank cause of action Cent charged claim Code Colo Company complaint concur Constitution contract corporation counsel county seat Court of Appeals CRIMINAL LAW damages decree deed defendant defendant's demurrer dence denied District Court effect entitled evidence facts fendant filed held instructions interest Judge judgment jurisdiction jury justice land lien ment mortgage motion municipal Note Note.-For notice NUMBER in Dec opinion paid parties payment person petition plain plaintiff in error pleadings possession proceedings prosecution purchase purpose question quiet title reason record Rep'r Indexes replevin respondent reversed rule section NUMBER Series & Rep'r statute sufficient Superior Court Supreme Court sustained testified testimony thereof tiff tion topic and section trial court verdict Wash witness writ
Popular passages
Page 377 - That all power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness.
Page 326 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 337 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to, whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 236 - By another section (196) it is provided that " the court may, before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party...
Page 274 - Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.
Page 237 - The. court may likewise, in its discretion, after notice to the adverse party, allow, upon such terms as may be just, an amendment to any pleading or proceeding in other particulars...
Page 257 - ... the opinion of witnesses possessing peculiar skill is admissible whenever the subjectmatter of inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it without such assistance, in other words, when it so far partakes of the nature of a science as to require a course of previous habit, or study, in order to the attainment of a knowledge of it.
Page 325 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 44 - No judgment shall be set aside or new trial granted in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure unless, in the opinion of the court to which the application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.
Page 57 - When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately Inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had.